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To: tahiti
"Easy, prohibit the use of drivers licenses issued in those states as valid ID for bording an airplane."

And what constitutionally, enumerated Congressional power would you like to cite as justification for such a prohibition.?

The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

I agree that the Interstate Commerce Clause has been severely abused by Congress but that does not mean that there is nothing that should fall within the purview of that clause.

Commercial aviation clearly IS interstate commerce and almost all commercial airports have been built with large infusions of federal tax dollars and very few commercial airline flights end in the same state they depart from and many originate and/or end internationally which further strengthens the case. If the founding fathers did not mean for the federal government to regulate this type of commerce, why did they ever put that clause in the Constitution?

There is nothing in the Constitution that says the Federal Government has to accept drivers licenses issued by states as ID for any purpose.

94 posted on 05/10/2005 10:48:26 AM PDT by jackbenimble (Import the third world, become the third world)
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To: jackbenimble
"If the founding fathers did not mean for the federal government to regulate this type of commerce, why did they ever put that clause in the Constitution?"

Regulate to the founding fathers, did not mean "prohibit."

A scholarly work has been done on this subject of regulation versus prohibition.

THE ORIGINAL MEANING(not to be confused with "original intent") OF THE COMMERCE CLAUSE Copyright (c) 2001 University of Chicago University of Chicago Law Review - Winter, 2001 - 68 U. Chi. L. Rev. 101

Randy E. Barnett

The gist of Prof. Barnett's work is the the founding fathers acknowledged that rights could be regulated but not prohibited unless the right exerted was a wrongful act.

Since the right to "keep and bear arms" is an enumerated right, obviously not a wrongful act, then Congress can regulate but not prohibit.

118 posted on 05/10/2005 3:10:26 PM PDT by tahiti
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